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HomeMy WebLinkAboutMIN 1991 0624 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California June 24, 1991 An Adjourned Regular Meeting of the City Council of the City of Moorpark was held on June 24, 1991 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:27 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Talley. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Director of Public Works; Phil Newhouse, Director of Community Services; Don Reynolds, Management Analyst; and Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to reorder the agenda to hear Items 9.A., 11.F., 11.H. in that order, followed by Closed Session, and then the balance of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Dennis Hardgrave, 651 Via Alondra, #714, Camarillo, representing the Levy Company, spoke regarding the General Plan Update Process. He said the Levy Company was pleased with the General Plan Update product but concerned that there be no more delays in completing the General Plan Update process. Minutes of the City Council Moorpark, California Page 2 June 24, 1991 Mitchell Kahn, 300 Esplanade, Oxnard, spoke representing Martin V. Smith & Associates. The Council deferred his comments until Item 11.H. is heard. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR (Roll Call Vote): None. 9. PUBLIC HEARINGS: A. IPD 90 -15 (Industrial Planned Development) LDM 91 -1 (Land Division Map) - Litton Industries - A Proposal to Develop a Four (4) Story 176,000 Square Foot Office Building to be Used for Administration, Research and Development. Subject site is located at the northeast corner of South Condor Drive and Los Angeles Avenue in the Moorpark Business Center (Continued Item 9.A. from 6/19/91) Staff Recommendation: Continue this item to the adjourned meeting of June 24, 1991. Mr. Richards gave the staff report. Craig Backhus, 360 N. Crescent Beverly Hills, spoke representing Litton Industries. Mr. Kueny said he recommended the Council approve the project at the adjourned meeting on Wednesday, June 26, 1991 with the added condition that the applicant pay to the City an amount not to exceed $1,000 to have the City Engineer review information prepared by the former City Engineer and the applicant's traffic engineer, and make recommendations for Conditions 65, 66 and 67. After the City Engineer's recommendation is received, the applicant may file for a minor modification to change all or part of Conditions 65, 66 and 67. If a minor modification is filed, it must be filed and a decision rendered prior to issuance of the zone clearance for the building permit. Mr. Backhus said he would agree with the recommendation of the City Manager. Minutes of the City Council Moorpark, California Page 3 June 24, 1991 MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue the item to an adjourned meeting on June 26, 1991 at 6:00 p.m.; staff directed to prepare a resolution of approval for adoption at the meeting; staff to prepare language for the additional condition recommended by the City Manager. The motion carried by unanimous voice vote. 11. ACTION /DISCUSSION ITEMS: F. Consider Minor Modification of PD1066 (Liston Car Wash) Staff Recommendation: Direct staff as deemed appropriate. Councilmember Montgomery explained that Shiloh Church had received two agreements signed by Mr. Liston and Mr. Cushman, different in content only in that one contained a provision for $3,000 to be paid to the Church for paving the Church parking lot and one agreement did not contain the provision. Councilmember Talley said that one agreement or the other would be signed tonight by the Church. He said that both agreements contained a provision that the trees on the Church will be maintained by the car wash so long as access is provided by the Church. MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to approve the Minor Modification and to direct staff to issue the certificate of occupancy subject to verification of all other conditions. The motion carried by unanimous voice vote. H. Consider Resolution of Approval for IPD 90 -1 CUP 90 -1 and LDM 90 -4 (Martin V Smith and Associates) Staff Recommendation: Continue to adjourned meeting of June 24, 1991. Mr. Kahn addressed the Council regarding conditions of concern. The Council discussed the project conditions and made the following changes: BY CONSENSUS: By consensus the Council determined to delete the first sentence of Condition No. 8 which read "No zone clearance shall be issued for construction until the final map has been recorded." Minutes of the City Council Moorpark, California Page 4 June 24, 1991 Condition No. 103 - Add the word "major" before modification in the sentence: "A restaurant containing a fixed bar shall not be allowed without prior approval of a major modification to the Conditional Use Permit by the City Council." BY CONSENSUS: By consensus the Council determined to accept Condition No. 22 as presented by staff. Condition No. 25 - Page 8, paragraph 5, to be amended to allow an irrevocable letter of credit to be posted in lieu of cash; the City to have the ability to periodically increase the amount due to inflation; release of the Letter of Credit to be allowed after 10 years duration. The second and third paragraphs on page 8 to be combined and amended to read: The applicant shall be eligible for reimbursement from the remaining undeveloped parcels located to the east of this project upon their development. The applicant's pro rata share of the total cost of the traffic signal system shall be that percentage of the area of this project divided by the total undeveloped area. The City and applicant shall enter into an agreement for a term of 10 years, whereby the City agrees to condition the developer of the above referenced undeveloped parcels to the extent such reimbursement is legally enforceable. The reimbursement agreement shall be prepared by the City Attorney subject to review by the applicant and applicant's attorney and the applicant shall be responsible for all City Attorney and other City costs for preparation of the agreement. Applicant shall pay all legal, engineering and administrative costs incurred by the City to impose and /or enforce said agreement or at it discretion shall waive its eligibility for reimbursement. Minutes of the City Council Moorpark, California Page 5 June 24, 1991 "The raised median shall be constructed to prohibit left turns into Second Street" was deleted from the fourth paragraph on Page 8. The Council discussed that prior to the signalization of Spring Road at Second Street /Flinn Avenue, they would reserve the right to require the applicant to install an extension to the raised median, and any other necessary modifications to prohibit left turns into Second Street. The applicant to provide a bond to guarantee the work. Mr. Kahn agreed with providing a bond for future improvements required prior to signalization. Ms. Kane read the following changes to Condition 59A: That no part of the hotel, at any time, shall be converted to a non - hotel use without approval of a General Plan Land Use amendment, Zone Change from Industrial to a residential designation, and a Residential Planned Development Permit approved by the City Council. Hotel use shall mean lodging that is limited to the occupancy of one or more guestrooms by a person for not more than 30 consecutive days. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded the motion to approve the project; staff directed to prepare the approprate resolutions with the modification of Condition No. 25 as discussed, insertion of the word "Major" before "Modification" in Condition 103, the addition of new Condition Nos. 34 & 35, and the amendment to Condition 59A as read by the City Attorney. The motion carried by unanimous voice vote. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1) C. Potential litigation pursuant to Government Code Section 54956.9(c) Minutes of the City Council Moorpark, California Page 6 June 24, 1991 D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Ventura County Community College District vs. City of Moorpark. F. Litigation concerning the County of Ventura vs. City of Moorpark. G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. H. Litigation concerning Colonial Mortgage vs. the City of Moorpark. I. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. K. Litigation concerning City of Moorpark vs. Chuy's Restaurant. L. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark M. Litigation concerning City of Moorpark vs. Camrosa Water District. N. Litigation concerning City of Moorpark vs. Pacific Bell. O. Litigation concerning City of Moorpark vs. Southern California Gas Company. P. Litigation concerning City of Moorpark vs. Southern California Edison Company. Q. Litigation concerning City of Moorpark vs. Shell Oil Company. R. Personnel pursuant to Government Code Section 54957.6. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:30 p.m. Minutes of the City Council Moorpark, California Page 7 June 24, 1991 The meeting reconvened into Closed Session at 9:35 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The meeting reconvened into Open Session at 11:20 p.m. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to execute a settlement agreement with the Southern California Gas Company relative to the moving of utilities to widen Tierra Rejada Road. The motion carried by unanimous voice vote. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to authorize the Mayor to execute settlement agreements with Pacific Bell, Southern California Edison Company, Shell Oil Company and Camrosa Water District relative to the moving of utilities to widen Tierra Rejada Road. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to authorize the filing of a lawsuit against the firm of Stradling, Yocca, Carlson and Rauth, Bond Counsel for the 1985 Single Family Mortgage Revenue Bonds, relative to the filing of Colonial Mortgage against the City. The motion carried by voice vote 3 -2, Councilmember Talley and Mayor Lawrason dissenting. The Council reconvened into Closed Session. The time was 11:25 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; and Richard Hare, Deputy City Manager. The Council reconvened into Open Session at 11:40 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and items 14.C., 14.H., 14.M, 14.N, 14.0., 14.P, 14.Q., and 14.R. had been discussed. Minutes of the City Council Moorpark, California Page 8 June 24, 1991 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn and continue the balance of the agenda as listed to an adjourned meeting to be held on June 26, 1991 at 6:00 p.m. 9.B. Consider Proposed Assessments for "Parks Maintenance Assessment District No. AD -85 -1" for the Fiscal Year Commencing on July 1, 1991 and Ending June 30, 1992 and Consider Resolution No. 91- , a Resolution Confirming the Assessment for Fiscal Year 1991192. Staff Recommendation: Open public hearing and defer action on assessment until City budget is considered. (Continued Item 9.B. from 6/19/91) 9.C. Consider Proposed Assessments for "Moorpark Lighting and Landscaping Maintenance Assessment District No. AD -84 -2" for the Fiscal Year Commencing July 1, 1991 and Ending June 30, 1992 and Consider Resolution No. 91- , a Resolution Confirming the Assessment for Fiscal Year 1991/92. Staff Recommendation: Open public hearing and defer action on assessment until City budget is considered. (Continued Item 9.C. from 6/19/91) 11.E. Consider FY91/92 Budget. Staff Recommendation: Discuss and continue the adjourned meeting of June 26, 1991. 11.G. Consider Part Time Emplovees Retirement Plan. Staff Recommendation: Continue to the adjourned meeting of June 26, 1991. 11.I. Consider Extending Contract for Transit Services with Antelope Valley Bus for FY 91/92. Staff Recommendation: Authorize Mayor to sign contract not to exceed $91,600 with Antelope Valley Bus for FY91/92. (Continue this item to the adjourned meeting of June 26, 1991.) 11.J. Consider Renewal of Health Insurance Plan with Western Life at the New Renewal Rates. Staff Recommendation: Direct staff to meet with the employees to discuss options and report back at the adjourned meeting of June 26, 1991. 11.K. Consider Amendments to the FY 90/91 Budget. Staff Recommendation: Approve amendments as proposed by staff. (Continued Item 11.K. from 6/19 meeting) Minutes of the City Council Moorpark, California Page 9 June 24, 1991 11.N. Consider Memorandum of Agreement with the Public Employees Association of Ventura County. Staff Recommendation: Continue to adjourned meeting of June 26, 1991. The motion carried by unanimous voice vote. The time of adjournment was 11:43 p.m. i Paul W. Laws on Jr., Mayo ATTEST: